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DELAWARE LIQUOR STORE v. MAYOR AND COUNCIL, ETC.

75 A.2d 272 (1950)

DELAWARE LIQUOR STORE, Inc., v. MAYOR AND COUNCIL OF WILMINGTON et al.

Superior Court of Delaware, New Castle.

August 17, 1950.

Attorney(s) appearing for the Case

Albert L. Simon and James J. Walsh, of Wilmington, for plaintiff.

Herbert Warburton, Assistant City Solicitor, for defendant.

TERRY, Judge.

A municipal corporation has a dual character, and, as such, performs a dual function. In its first aspect it is governmental, public or legislative. In its second it is corporate, private, ministerial or proprietary. 1 Dillon, Municipal Corporations, 5th Ed., Page 181; McQuillen, Municipal Corporations, 2d Ed., Page 758; City of Seattle v. Stirrat, 55 Wn. 560, 104 P. 834, 24 L.R.A.,N.S., 1275; 63 C.J.S., Municipal...

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